Barb's 3-D Demo Serv. v. Director (Bird, J.) E98-247

Employment security -- Unemployment insurance taxes; appellant failed to satisfy Ark. Code Ann. § 11-10-210(e); appellant not exempt from paying unemployment taxes. [HTML, WP5.1]

Barker v. Clark (Griffen, J.) CA99-702

Evidence -- Trial court's discretionary exclusion of testimony regarding computer printout not abuse; trial court abused discretion in not giving res ipsa loquitur instruction; evidentiary & discovery rulings affirmed; reversed & remanded for new trial where appellant was entitled to res ipsa loquitur instruction. [HTML, WP5.1]

Castleberry v. Elite Lamp Co. (Rogers, J.) CA99-1028

Workers' compensation -- No evidence of change in appellant's condition; Commission erred by terminating temporary total disability benefits; reversed & remanded. [HTML, WP5.1]

GEO Specialty Chem., Inc. v. Clingan (Rogers, J.) CA99-897

Workers' compensation -- Interpretation of nerve-conduction study not erroneous; award of benefits supported by substantial evidence. [HTML, WP5.1]

Jordan v. State (Per Curiam) CACR98-1525

Concurrence & dissent only. [HTML, WP5.1]

McNamara v. Bohn (Pittman, J.) CA99-835

Covenants -- Covenant not to compete; finding of breach where appellant assisted son's competing business not clearly erroneous; chancellor did not err in using amounts representing value of goodwill & covenant not to compete; no basis for argument that appellee was first to breach sales contract. [HTML, WP5.1]

Pond v. State (Hart, J.) CACR99-1055

Criminal law -- Intent; robbery; substantial evidence to support conviction. [HTML, WP5.1]

Southwestern Bell Tel. Co. v. Arkansas Public Serv. Comm'n (Robbins, C.J.) CA98-1249

Public Service Commission -- "Interexchange carrier"; Commission's interpretation not clearly wrong; application of statutory rate cap on switched-access service not erroneous; no error in applying appellant's switched-access tariff to all switched-access service provided by appellant. [HTML, WP5.1]

Boston v. State, CA CR 99-605 (Per Curiam), Motion of Maxie G. Kizer for Attorney's Fees denied March 22, 2000. [HTML, WP5.1]

Farmer v. Adkins Painting Co., CA 99-1086 (Bird, J.), affirmed March 22, 2000. [HTML, WP5.1]

Fobbs v. State, CA CR 99-921 (Meads, J.), affirmed March 22, 2000. [HTML, WP5.1]

Fowler v. State, CA CR 99-905 (Crabtree, J.), affirmed March 22, 2000. [HTML, WP5.1]

Griffis v. Walker, CA 99-938 (Stroud, J.), affirmed March 22, 2000. [HTML, WP5.1]

Hawkins v. State, CA CR 99-911 (Rogers, J.), affirmed March 22, 2000. [HTML, WP5.1]

Heavrin v. Threet, CA 99-881 (Rogers, J.), reversed and remanded March 22, 2000. [HTML, WP5.1]

Hosto v. Intellinet, LLC, CA 99-918 (Neal, J.), affirmed March 22, 2000. [HTML, WP5.1]

Langley v. State, CA CR 99-1136 (Robbins, C.J.), affirmed March 22, 2000. [HTML, WP5.1]

Limon v. Arkansas Dep't of Human Servs., CA 99-859 (Per Curiam), Motion of Joe Kelly Hardin to Reconsider Fees granted March 22, 2000. [HTML, WP5.1]

Self v. Addison Prods. Co., CA 99-826 (Pittman, J.), affirmed March 22, 2000. [HTML, WP5.1]

Speights v. State, CA CR 99-997 (Jennings, J.), affirmed March 22, 2000. [HTML, WP5.1]

Williams v. Williams, CA 99-567 (Roaf, J.), affirmed March 22, 2000. [HTML, WP5.1]

Winters v. State, CA CR 99-1152 (Bird, J.), affirmed March 22, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1136. William Henry Langley v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA98-1249. Southwestern Bell Telephone Company v. Arkansas Public Service Commission, from Public Service Commission. Affirmed. Hart, Stroud, Neal, Crabtree, and Roaf, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-826. Carroll Self v. Addison Products Company, from Pulaski Circuit, Sixth Division. Affirmed. Rogers and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-835. Daniel J. McNamara v. Daniel Bohn, from Pulaski Chancery. Affirmed. Hart and Stroud, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-1055. Jason Craig Pond v. State of Arkansas, from Polk Circuit. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-997. Jerry Lee Speights v. State of Arkansas, from Faulkner Circuit. Affirmed. Neal and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1152. Roland Winters v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1086. Forrest Farmer v. Adkins Painting Company, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E98-247. Barb's 3-D Demo Service v. Director, Employment Security Department, from Board of Review. Affirmed. Jennings, J., agrees. Meads, J., concurs. (8 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR99-911. Steve Hawkins v. State of Arkansas, from Madison Circuit. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-881. Jimmy and Deanna Heavrin v. William and Cynthia Threet, from Saline Chancery. Reversed and Remanded. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-897. GEO Specialty Chemical, Inc. and Hartford Underwriters Insurance Company v. Frank Clingan, from Workers' Compensation Commission. Affirmed. Robbins, C.J., Stroud, Griffen, and Roaf, JJ., agree. Pittman, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1028. Wilma J. Castleberry v. Elite Lamp Company, from Workers' Compensation Commission. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Meads and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-938. Dale Griffis v. Michael Walker, from Pulaski Circuit, Third Division. Affirmed. Pittman and Hart, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA99-918. Bryan Hosto v. Intellinet, LLC, Internet Partners of America, LLC, from Pulaski Circuit. Affirmed. Jennings and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins, C.J., Stroud, and Roaf, JJ., agree. Pittman and Rogers, JJ., dissent. (10 PAGES + 2-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-905. Tommy Fowler v. State of Arkansas, from Craighead Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit. Affirmed. Roaf, J., and Hays, S.J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-567. Alan Lee Williams v. Virginia Sue Williams, from Pope Chancery. Affirmed. Meads, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA99-778. David Copeland v. Baldwin & Shell Construction, from Workers' Compensation Commission.

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CACR98-1396. Avenell Scott v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III and Gary Potts for attorney's fees is denied. Hart and Bird, JJ., would grant. See opinions in Jason Jordan v. State this date.

CACR98-1525. Jason Jordan v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of G.B."Bing" Colvin, III for attorney's fees is denied. Robbins, C.J., Pittman, Jennings, and Neal, JJ., deny without opinion. Hart and Bird, JJ., would grant. Griffen, J., concurs. Crabtree, J., concurs and Meads and Roaf, JJ., join. Bird, J., dissents and Hart, J., joins. Stroud, J., and Hays, S.J., not participating. (7-PAGE CONCURRENCE + 1-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR99-61. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III for attorney's fees is denied. Hart and Bird, JJ., would grant. See opinions in Jason Jordan v. State this date.

CACR99-518. Terrence M. Zarlingo v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Chris Tarver for attorney's fees is granted. Allowed $1,000.00.

CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is denied. Stroud, J., not participating.

CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees is denied. See Griffen, J.'s concurring opinion this date. Stroud, J., not participating. (2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CACR99-709. Dewayne Glass v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III for attorney's fees is denied. Hart and Bird, JJ., would grant. See opinions in Jason Jordan v. State this date.

CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is denied. Stroud, J., not participating.

CACR99-873. Carl F. Ussery v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar for attorney's fees is denied. Stroud, J., not participating.

CACR99-950. Jacob Oliver v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is denied. Stroud, J., not participating.

CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.

CACR99-1276. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit. Appellant's motion for reconsideration of order dismissing appeal is denied. Crabtree, J., not participating.

CACR99-1415. Andra Brewer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams to be appointed as counsel for appellant is granted.

CACR00-153. Kathy S. Rabb v. State of Arkansas, from Drew Circuit. Motion of John F. Gibson, Jr., to withdraw as counsel and to substitute Charles L. Honey as counsel for appellant is granted. Appellant's brief due May 21, 2000.

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees is denied. Stroud, J., not participating.

CACR00-191. Dwight T. McClendon v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is denied. Stroud, J., not participating.

CA99-859. Stephanie Limon v. Arkansas Department of Human Services, from Saline Chancery. Motion of Joe Kelly Hardin to reconsider fees is granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA99-900. Trimble Navigation, Ltd. v. Tom Papachristou, d/b/a Mid-South Aviation, from Crittenden Circuit. Appellant's motion for oral argument is granted.

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellees' motion to supplement the record is remanded to the trial court to settle the record within thirty days. Crabtree, J., not participating.

CA99-1291. Virgil O. Hooker et al. v. Agribank, FCB, et al., from St. Francis Circuit. Appellants' pro se motion for brief time is granted for thirty days as final extension.

CACR99-1272. Hubert Paul Tilton v. State of Arkansas, from Pulaski Circuit, Seventh Division. Argued orally.

CA99-724. Glynda Caldwell et al. v. Allenfarm, Inc., from Benton Circuit. Argued orally.

CA99-920. Edward L. Garnett v. Dennis Crow et ux., from Hempstead Circuit. Argued orally.

CACR99-668. William Martin Anderson, Sr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-946. Anthony Ray Flowers v. State of Arkansas, from Hempstead Circuit.

CACR99-990. Steven Alan Johnston v. State of Arkansas, from Cleveland Circuit.

CACR99-1065. Perry Cockerham v. State of Arkansas, from Washington Circuit.

CACR99-1076. Randy Wayne Mangrum v. State of Arkansas, from Greene Circuit.

CACR99-1109. Reginald Green v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-1130. Phyllis Willis v. State of Arkansas, from Jackson Circuit.

CA99-346. Keith P. Miller v. Mary Eileen Miller, from Pulaski Chancery, Fifth Division.

CA99-650. Mary Ellen Koonce v. William D. Mitchell et al., from Conway Chancery.

CA99-656. Royce L. Holt v. George W. Holt, from Pulaski Chancery, First Division.

CA99-801. Tim Smith et al. v. Shawn J. Russ, from Pulaski Circuit.

CA99-940. Estate of Virginia McKasson, Deceased v. Harvey N. Hamric et ux., from Lonoke Chancery.

CA99-947. Dan Grillot et ux. v. Leroy Maddox et ux., from Van Buren Chancery.

CA99-1010. Clarence U. Smith, Sr. v. Board of Private Investigators & Private Security Agencies, from Sebastian Circuit, Fort Smith District.

CA99-1047. J-M Manufacturing Company, Inc. v. First National Bank of DeWitt, Arkansas, from Arkansas Chancery, Southern District.

CA99-1069. Dale Ray v. Little John Trucks, Inc. et al., from Workers' Compensation Commission.

CA99-1072. East Arkansas Area Agency on Aging v. Doris Marshall, from Workers' Compensation Commission.

CA99-1080. Louise I. Garrett v. Primestar, Inc., from Clay Circuit, Western District.

CA99-1120. Patricia Bunn v. Dorothy Luthultz et al., from Independence Chancery.

CA99-1149. Wilburn L. Daniels v. Affiliated Foods Southwest, from Workers' Compensation Commission.

CA99-1212. Ronald Campbell v. Randal Tyler Ford Mercury, Inc., from Workers' Compensation Commission.